APHC01057324202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29543 OF 2025 Between: COSY WORLD RESORTS LTD, Rep. by its Director Sri Mootha Naveen Krishna, S/o. Gopala Krishna, Hindu, Aged 54 Years, R/o.D.No.67-15-32, Nagamalli Thota Junction, Kakinada (AP) - 533 001. ...Petitioner AND 1. State Bank Of India, SME Branch, Main Road, Kakinada, Rep.by its Authorized Officer. 2. P Dilip, S/o.not known to the Petitioner, Aged major. Advocate Commissioner, C/o.Chief Judicial Magistrate, Rajamahendravaram. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd Respondent Advocate/Commissioner in issuing the Notice dated 16.10.2025 for execution of warrant of commission issued in CrI.M.P.No,410/2025 on the file of the Hon'ble Chief Judicial Magistrate, Rajamahendravaram, as illegal, bad in law, arbitrary, against principles of natural justice and opposed to public policy and violative of articles of Constitution of India, and consequently set-aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Notice dated 16.10.2025 issued by the 2nd Respondent herein for execution of warrant of commission issued in Crl.M.P.No.410/2025 on the file of the Hon’ble Chief Judicial Magistrate, Rajamahendravaram, pending disposal of the SA No.636/2005 on the file of the, Honourable Debts Recovery Tribunal, Visakhapatnam. Counsel for the Petitioner: SRI V CH NAIDU Counsel for the Respondent No.1: SRI K B RAMANNA DORA Counsel for the Respondent No.2: NONE APPEARED The Court made the following order: THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION N0.29543 OF 2025 ORDER:- (Per Hon’ble Sri Justipe Cheekati Manavendranath Roy) This writ petition under Article 226 of the Constitution of India has been filed seeking Writ of Mandamus to declare the action of respondent No.2 in issuing notice dated 16.10.2025 to execute the warrant of commission issued by the learned Chief Judicial Magistrate, Rajamahendravaram, as illegal and violative of the provisions of the Constitution of India and to set aside the said order. Heard Sri V.Ch.Naidu, learned counsel fpr the petitioner and Sri Ch.Venkata Challa Rao, learned counsel, representing Sri K.B.Ramanna Dora, learned Standing Counsel for 1®‘ respondent- Bank. 2. As per the submissions made by the learned counsel for the petitioner, the petitioner has already approached the Debt Recovery Tribunal, Visakhapatnam, challenging the validity of the notice dated 16.10.2025, which is impugned in this writ petition and also filed an application seeking stay of the further proceedings in Debt Recovery Tribunal, Visakhapatnam and as the Presiding Officer of the Debt Recovery Tribunal, Visakhapatnam, is on leave, that the application could not be disposed of and in the said circumstances, that the writ petitioner is constrained to approach this Court seeking the aforesaid reliefs. 3. Learned counsel for the petitioner further submits that the Presiding Officer has resumed duty today and his application is posted 4. 4 2 •V to 21.11.2025 and as per the notice dated 16.10.2025, the possession is sought to be taken tomorrow i.e. on 28.10.2025 and in the said facts and circumstances, he prayed to stay the further proceedings initiated pursuant to issuance of notice dated 16.10.2025. As the Presiding Officer resumed duty, learned counsel for the 1®* respondent-Bank submits that this writ petition may be disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to dispose of the said application according to law and he has given an undertaking, on instructions, that the 1®* respondent-Bank will not take any steps pursuant to the notice dated 16.10.2025 to take possession of the property in question, till 31.10.2025. 5. Therefore, in view of the said undertaking given by the learned counsel for the 1®' respondent, this Writ Petition is disposed of with a direction to the Debt Recovery Tribunal, Visakhapatnam, to hear the application filed by the petitioner and dispose of the same on merits according to law by 31.10.2025 after hearing both the parties. There shall be no order as to costs. 6. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. Sd/- G HELA NAIDU deputy REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Registrar, Debts Recovery Tribunal, Visakhapatnam. State Bank Of India, SME Branch, Main Road, 2. Authorized Officer Kakinada. 3. One CC to Sri. V CH Naidu Advocate [OPUC] 4. One CC to Sri K B Ramanna Dora, Advocate [OPUC] 5. Two CD Copies. Al % HIGH COURT CC TODAY DATED:27/10/2025 ORDER WP NO. 29543 OF 2025 sT 2 8 OCT 2025 o. ★^Nuirrtnt S*jctioa^^ ts DISPOSING OF THE W.P. WITHOUT COSTS